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to obliterate an otherwise acceptable evidence. As such the contention of the appellant raised in this regard is liable to be rejected and accordingly it is rejected. 22. For the reasons aforestated, we are of the opinion that High Court has not committed any error in upholding the conviction of the accused for the offences punishable under Sections 302, 316 and 364 IPC and we are in complete agreement with the view taken by the Trial Court and the High Court in that regard. 23. The next question or incidental question that arises for our consideration is: Whether in the facts and circumstances of the case, the capital punishment imposed on appellant by the Trial Court and confirmed by the High Court deserves to be maintained or not? 24. This Court in the case of Madan v State of Uttar Pradesh10 has summarised the principles regarding the imposition of death penalty as punishment. It has been held after noticing the Constitution Bench case of Bachan Singh v State of Punjab11, that normal rule is that the offence of murder shall be punished with sentence of life imprisonment and the court can depart from that rule and impose the sentence of death only if there are special reasons for doing so and reasons are required to be recorded in 10 2023 SCC Online SC 1473 11 (1980) 2SCC 684 17

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Eknath Kisan Kumbharkar

CASE BRIEF

Jurisdiction

India

Nationalities

Indian

Case Title: Eknath Kisan Kumbharkar v. State of Maharashtra

Age at Offence: 38

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Hindu

Vulnerable/ Marginalised Group

Minorities: Caste
Person with Disabilities: Mental
Socio-economic Status

Jurisdiction - Geolocation

Latitude: 20.5937

Longitude: 78.9629

Jurisdiction - Geolocation (linked CASE BRIEF): India

Contributing TRP Partner

The Square Circle Clinic (India)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Commuted

Year when sentenced to Death Row: 2010s: 2017

Method of Execution: Hanging

Rights Allegedly Violated

Fair Trial and Due Process: Excessive and disproportionate punishment

Nature of Offences for Death Penalty

Murder: Single Victim

Expert Evidence

Forensic/Medical evidence: Autopsy/Post mortem
Mitigation Specialist
Mental Health: Other
Mental Health: Psychiatrist
Mental Health: Psychologist

Case Background (300 words max): The accused allegedly murdered his pregnant daughter as she had married outside of their caste against the appellant's wishes. The key circumstances against the accused are: direct eyewitness of incident, witnesses (who saw the accused take his daughter), post-mortem report (death by asphyxiation), and motive.

The Trial Court convicted the accused and sentenced him to death, and the High Court confirmed the conviction and sentence. However the Supreme Court commuted the sentence to 20 years of rigorous imprisonment without remission but upheld the conviction.

Defence Arguments (200 words max.)

   There was an absence of motive, the daughter having entered into an inter-caste marriage against the accused’s wishes was not sufficient alone to constitute motive.

   The direct eyewitness is unreliable, the accused and the witness had a previous financial arrangement that had led to a heated argument only 15 days before the incident

   There exist material contradiction in the testimonies of other witnesses which casts a doubt on the reliability of the same

   An adverse inference must be drawn against the prosecution not examining other independent witnesses that were present at the time of occurrence despite their statements having been recorded.

   Cause of curvilinear injuries on the deceased’s face is not proven by the prosecution

Judgement with Headnotes (200 words max)

The Supreme Court, while commuting the sentence held the following:

   The accused’s wife has in certain terms, deposed of the motive. According to her, the accused (her husband) was nursing a grudge against their daughter for entering into an inter-caste marriage.

   Contradictions and inconsistencies in witness statements pointed out by the appellant were minor in nature, and do not alter the credibility of witness testimonies

   The appellant did not produce sufficient proof to establish that there existed a financial relationship between the appellant and the direct eyewitness, hence in the absence of that, there is no reason to discredit the testimony of the direct eyewitness

   While the prosecution did not examine other witnesses present at the time of occurrence, the Court stated that non-examination of independent witnesses by itself would not lead to an adverse inference. This would only be of importance if there was serious doubt about eyewitness testimony.

   Mitigating factors like prolonged duration spent in prison, absence of criminal antecedents, socio-economic background, adverse childhood experiences, mental and emotional disturbance, and satisfactory behaviour in prison were considered when commuting the sentence to 20 years of rigorous imprisonment.

Legal Representation Received

Second Appeal: Pro bono
Pre-trial: Unknown
Trial: Unknown
Appeal: Unknown

Legislation Related to the Offence(s): Code of Criminal Procedure, 1973 (CrPC) - Sections 161 and 313 Indian Penal Code, 1860 (IPC) - Sections 316, 302, 364, Indian Evidence Act, 1872 - Section 103

Judicial Precedents: Balaji v. The State of Maharashtra; Dandu Jaggaraju v. State of A.P.; Jaikam Khan v. The State of Uttar Pradesh; Jagdish and Ors. v. The State of Haryana; Hem Raj and Ors. v. State of Haryana; Vadivelu Thevar v. The State of Madras; Rohtash Kumar v. State of Haryana; Manoj Suryavanshi v. State of Chhattisgarh; Madan v. State of Uttar Pradesh; Guru Dutt Pathak v. State of Uttar Pradesh; Swami Shraddananda v. State of Karnataka; Shankar Kisanrao Khade v. State of Maharashtra; Gandi Doddabasappa v. State of Karnataka; Prakash Dhawal Khairnar and Ors. v. State of Maharashtra; Mohinder Singh v. State of Punjab.

Language of Case Materials